6 APHC010532342024 IN THE HIGH COURT OF ANDHRA PRADESH - AT AMARAVATI (Special Original Jurisdiction) 0t I TUESDAY,THE FIFTEENTH DAY OF JULYv- TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27810 OF 2024 , Between; 1. Vemuri Basava Punnaiah, S/o. Vemuri Subbaiah aged about 70 years, R/o. 1-346 Somavarap'adu Village, Denduluru Mandal, Eluru District. vx 2. Vemuri Uday Bhaskar, S/o. Vemuri Subbaiah, aged about 65 R/o. 1-346 Somavarapa^ Village, Denduluru Mandal, Eluru District.' 3. Vemuri SatyanaVayana, S/o. Vemuri Subbaiah, aged about 63 R/o. 1-346 Somavarapadu Village, Denduluru Mandal, Eluru District. years years. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat N^aj and Rural Development Department, Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The District Collector, Eluru District at Eluru. 3. The Project Director, District Rural Development Agency, EluoTDistrict at Eluru. 4. The Mandal Parishad Development Officer, Denduluru M^dal, Eluru District. 5. The Somavarapadu Grama Panchayat, Rep. by its Panchayat Secretary, Somavarapadu Village, Denduluru Mandal, Eluru District. Secretariat ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring order passed by the 4*^ respondent dated 06.11.2024, declaring the petitioners as ineligible for the Social Security Pension/NTF^Bharosa Pension Scheme, contrary to G.O.Ms.No.174, dated 13.12.2019 and G.O.Ms.No.43, dated 13.06.2024, being illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India and conseg^jently to set aside the order passed by the 4'*' respondent dated 06.11.2024, by directing the respondents to pay the Social Security Pension/NTR Bharosa Pension Scheme, to the petitioners ID Nos. 11800019850, 105856209 and 11800011649, from the date of stoppage of the same. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order passed by the 4**^ respondent dated 06.1T2024, by directing the respondents to pay the Social Security Pension/NTR Bharosa Pension Scheme, to the petitioners ID Nos. 11800019850, 105856209 and 11800011649, from the date of stoppage of the same. Counsel for the Petitioners: SRI MADHAVA RAO NALLURI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2:GP FOR REVENUE Counsel for the Respondent No.3: SRI HARI BABU MAGULURI, SC FOR SERF x. - Counsel for the Respondent Nos.4 & 5:SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: APHC010532342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27810/2024 Between: 1.VEMURI BASAVA PUNNAIAH, S/0. VEMURI SUBBAIAH, AGED ABOUT 70 YEARS, R/0. 1-346 SOMAVARAPADU VILLAGE DENDULURU MANDAL, ELURU DISTRICT. 2.VEMURI UDAY BHASKAR,, S/0. VEMURI SUBBAIAH, AGED ABOUT 65 YEARS, R/0. 1-346 SOMAVARAPADU VILLAGE, DENDULURU MANDAL, ELURU DISTRICT. 3.VEMURI SATYANARAYANA,, S/0. VEMURI SUBBAIAH, AGED ABOUT 63 YEARS, R/0. 1-346 SOMAVARAPADU VILLAGE, DENDULURU MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 3.THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY, ELURU DISTRICT AT ELURU. 4.THE MANDAL PARISHAD DEVELOPMENT OFFICER, DENDULURUMANDAL, ELURU DISTRICT. 2 NV,J W.P No.27810of 2024 <41 5.THE SOMAVARAPADU GRAMA PANCHAYAT, REP. BY ITS SOMAVARAPADU VILLAGE, PANCHAYAT SECRETARY DENDULURU MANDAL, ELURU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring order passed by the 4th respondent dated 06.11.2024 petitioners as ineligible for the Social Security Pension/NTR Bharosa Pension Scheme, contrary to G.O.Ms.No.174, dated 13.12.2019 and G.O.Ms.No.43, dated 13.06.2024, being illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India and consequently to set aside the order passed by the 4th respondent dated 06.11.2024, by directing the respondents to pay the Social Security Pension/NTR Bharosa Pension Scheme, to the petitioners ID Nos. 11800019850, 105856209 and 11800011649, from the date of stoppage of the same and pass lA NO: 1 OF 2024 declaring the Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the order passed by the 4th respondent dated 06.11.2024, by directing the respondents to pay the Social Security Pension/NTR Bharosa Pension Scheme, to the petitioners ID Nos. 11800019850, 105856209 and 11800011649, from the date of stoppage of the same and pass Counsel for the Petitioner(S): 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.HARI BABU MAGULURI SC For SERP The Court made the following: 3 NV,J W.P No.27810 of 2024 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.27810 OF 2024 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “To issue Writ of Mandamus declaring order passed by the 4th respondent dated 06.11.2024, declaring the petitioners as ineligible for the Social Security Pension/NTR Bharosa Pension Scheme, contrary to G.O.Ms.No.174, dated 13.12.2019 and G.O.Ms.No.43, dated 13.06.2024, being illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India and cqnsequently to set aside the order passed by the 4*^ respondent dated 06.11.2024, by directing the respondents to pay the Social Security Pension/NTR Bharosa Pension Scheme, to the petitioners ID Nos. 105856209 and 11800011649, from the date of stoppage of the same” 11800019850, 2. The petitioners, who are senior citizens and permanent residents of Somavarapadu Village, Denduluru Mandal, Eluru District, submit that they are landless poor and have sustained themselves throughout their lives by engaging in agricultural labor. Due to their advanced age and dire financial circumstances, they are now unable to support themselves. Consequently, they are eligible for benefits under the Social Security Pension Scheme instituted by the Government of Andhra Pradesh, in 4 NV,J W.P No.27810 of 2024 accordance with G.O.Ms.No.174, Panchayat Raj & Rural Development (RD.I) Department, dated 13.12.2019. The respondent authorities, acknowledging the eligibility of the petitioners, initially included their 1 names for receipt of pension under the aforementioned scheme. Following this, the petitioners, duly submitted their applications for pension benefits. However, upon receipt and review of these applications. Respondent No.4 - designated nodal authority, issued proceedings dated 06.11.2024, declaring that the petitioners were ineligible for old-age pensions on the ground that their entire family collectively possesses agricultural land measuring Ac. 15.59 cents. 3. It is submitted that if the extent of land is considered on an individual basis, rather than as a family unit, the petitioners would indeed fail within the eligibility criteria. Despite this. Respondent No.4 issued orders dated 05.11.2024, rejecting the petitioners’ applications on the ground of ineligibility. Challenging the order dated 05.11.2024, the present writ petition is filed. 4. During hearing, Learned counsel for the petitioners reiterates the contentions urged in the affidavit and submits that, if the landholding is assessed on an individual basis rather than being calculated .at the family level, each petitioner would independently meet the criteria for the benefit 5 NV,J W.P No,27810 of 2024 under the scheme and requested to grant, the relief as claimed in the writ petition. On the other hand, learned Standing Counsel for Respondent Nos.3 & 4 submits that, if the land is divided among all the family units, the petitioners might bie eligible to receive the pension under the scheme, therefore, the respondents would reconsider the request of the petitioners and requested to pass appropriate orders. 5. \ 6. Heard learned counsel for the petitioners, learned Standing Counsel for the respondents and perused the material available record. on 7. Undoubtedly, old age pension is a major welfare measure to ameliorate the hardships of the poor, old age and vulnerable sections of the society particularly, the old and infirm persons to secure a t dignified life. Hence, Respondent Nos.3 & 4 are directed to re-consider the candidature of the petitioners for sanction of Pension Scheme, in compliance of G.O.Ms.No.174, Panchayat Raj & Rural Development (RD.I) Department, dated 13.12.2019, and pass appropriate orders within a period of six (06) weeks from the date of receipt of copy of this order. 6 NV,J W.PNo.27810 of 2024 8. With the above, writ petition is disposed of. No costs. 9. Consequently, miscellaneous applications pending if any, shall also stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, PanchayaY^ Raj and Rural Development State of Andhra Pradesh, Secretariat Buildings, 1. The Principal Secretary, Department, Velagapudi Village, Tullur Mandal, Guntur District. Disfnct at Eluru. 2. The District Collector, Eluru 3. The Project Director, District Rural Development Agency, Eluru District at Eluru. 4. The Mandal Parishad Development Officer, Denduluru Mandal, Eluru District. 5. The Panchayat Secretary, Somavarapadu Grama Panchayat, Somavarapadu Village, Denduluru Mandal, Eluru District. 6. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 7. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 8. One CC to Sri Hari Babu Maguluri, SC for SERP [OPUC] 9. Two CCs to GP for Panchayat Raj Rural Development, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. ssb HIGH COURT DATED:15/07/2025 andh^ ORDER WP NO. 27810 OF 2024 S’- 2 ! JUI 2W m. I &> Curreni seciion ^ spatcv^'^^ ■ DISPOSING OF THE W.P. WITHOUT COSTS